E&B Partner now rated AV Preeminent

Eggleston & Briscoe, LLP is pleased to announce that partner and mediator John Michael Raborn has received the AV Preeminent® rating, which is the highest possible rating by Martindale-Hubbell.

AV® , AV Preeminent® , Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

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E&B Associate becomes 100,000th active member of Texas Bar

E&B associate attorney Patrick McGinnis, who recently joined the firm, became the 100,000th active member of the State Bar of Texas when he passed the Bar Exam in July and registered with the Bar in November. Read more about Patrick on the State Bar’s Blog.

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New Attorney Joins E&B

Patrick W. McGinnis, a 2016 graduate of Houston College of Law (formerly South Texas College of Law), has joined Eggleston & Briscoe, LLP as an associate attorney effective September 7, 2016. Patrick is a litigator who will work initially on complex business litigation and matters related to insurance coverage and defense.

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E&B Partner Admitted to Oklahoma Bar

Eggleston & Briscoe, LLP partner David Smith is now licensed to practice law in the State of Oklahoma. David’s admission to practice law in his home state expands the firm’s geographical footprint and will allow the firm to represent clients throughout Oklahoma.

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E&B Names New Partner

Eggleston & Briscoe, LLP is pleased to announce that John Michael Raborn has become a partner in the firm effective January 1, 2015.

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E&B’s Client Prevails as Dallas Federal Court Enters Two Orders in Jurisdictional Fight

C.A. No. 3:14-CV-2689; Tudor Insurance Company and Lexington Insurance Company v. Ocotillo Real Estate Investment I, LLC d/b/a Longhorn Self-Storage; In the U.S. District Court for Northern District of Texas, Dallas Division

C.A. No.: 3:14-CV-03259-P; Ocotillo Real Estate Investment I, LLC d/b/a Longhorn Self-Storage v. Lexington Insurance Company, Tudor Insurance Company, All Risk, Ltd; Bigham-Kliewer Insurance Agency Inc. d/b/a Bigham Kliewer Chapman & Watts Insurance Agency; and Carrie K. Hensley; In the U.S. District Court for Northern District of Texas, Dallas Division

On January 9, 2015, a U.S. District Court Judge entered orders in companion lawsuits stemming from a first-party property insurance dispute. The property owner had submitted multiple notices of loss to multiple insurance carriers, claiming hail damage to its roofs. Following a settlement with one of the carriers, the owner threatened litigation against two additional carriers which had insured the property during subsequent policy periods. In response, the carriers filed a declaratory judgment action in federal court seeking declarations that they did not owe indemnification to the owner because there was no loss during their respective policy periods. One week later, the owner filed an action in state court, alleging breach of contract, common law bad faith, and various statutory violations against the carriers and several procuring agents. The insured/owner also moved to dismiss the first-filed declaratory judgment action as an improper anticipatory filing made for the purpose of improper forum shopping. The carriers subsequently removed the second-filed state court action based on fraudulent joinder of the procuring agents, and the insured/owner in turn moved to remand.

In finding that the procuring agents were improperly joined in the removed state court matter, the Court applied Texas pleading standards and held that the plaintiff/insured failed to plead specific facts which would support the theories of recovery stated in its petition because any claims against the procuring agents were barred by limitations. As a result, the Court denied the insured’s motion to remand the second-filed state court action. In a separate order, the Court, after a thorough review of the non-exclusive Trejo factors first enunciated in St. Paul Ins. Co. v. Trejo, 39 F.3d 585 (5th Cir. 1994), and based in part on the fact that a competing state court action no longer existed following denial of the motion to remand, also denied the insured’s/owner’s motion to dismiss the first-filed declaratory judgment action.

You can view the full text of both orders here and here . For additional information, please contact E&B attorneys Ray Gregory, Bill Eggleston, and Luke Fraser.

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E&B Successfully Defends Lower Court Victories in Texas Supreme Court

On September 19, 2014, the Texas Supreme Court ruled in favor of E&B’s client denying a petition for review regarding the adequacy of a certificate of merit filed in Case No. 14-0563; Siemens Energy, Inc. v. Nat’l Union Fire Ins. Co .  The ruling allows E&B’s client to proceed on its claim for damages in excess of $20 million stemming from a turbine failure in an electricity generating facility along the Texas Gulf Coast. E&B partner Bill Eggleston assisted in the representation.

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William J. Eggleston Named Texas Super Lawyer for 2014

E&B founding partner William J. Eggleston was named to the Texas Super Lawyers list by Super Lawyers®, a Thomson Reuters business, as featured in Texas Monthly and Texas Super Lawyers magazines (2014).

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William J. Eggleston, Raymond L. Gregory II, and Erin Eggleston Salisbury named as Houston’s Top Lawyers by H Texas Magazine, 2014.

For the second consecutive year, three of E&B’s attorneys were named to H Texas magazine’s list of Top Lawyers in the publication’s Summer 2014 issue. William J. Eggleston garnered the distinction in Insurance Defense, Raymond L. Gregory II was named a Top Lawyer in Civil Litigation, and Erin Eggleston Salisbury made the list in Probate & Estate.

H Texas Magazine’s Summer 2014 edition can be viewed HERE.

 

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E&B Successfully Defends Trial-level Motion for Summary Judgment Victory on Appeal

Wallace Debes v. General Star Indemnity Company, Civil Action No. 09-12-00527-CV; in the Texas Ninth Circuit Court of Appeals.

On July 10, 2014, the Texas Ninth Court of Appeals affirmed the summary judgment granted by the 136th Judicial District Court of Jefferson County, Texas in favor of General Star Indemnity Company. E&B partner Monty Briscoe and associate Dave Loveless successfully argued the summary judgment at the trial level, which concerned third party beneficiary status of a building owner under a property insurance policy in Texas. The original plaintiff appealed and once again attorneys Briscoe and Loveless prevailed. After finding that privity only existed between General Star and the insured, the Ninth Court of Appeals held that the property owner was not a third party beneficiary and therefore had no standing to sue. A major victory for property insurers in the State of Texas.

You can view the full text of the Court’s order here. 

 

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